MAHABIR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant no.7 has been convicted under section 304 Part II of I.P.C. and sentenced to undergo R.I. for 10 years whereas appellant no.6 has been convicted under section 304 Part II read with section 109 of I.P.C.and sentenced to undergo R.I. for 10 years and rest of the appellants have been convicted under section 304 Part II read with section 34 of I.P.C. and each sentenced to undergo R.I. for 10 years and these appellants have further been convicted under section 323 I.P.C. and sentenced to undergo simple imprisonment for one month by a judgment dated 11.7.1994 by 2nd Additional Sessions Judge, Siwan, in Sessions Trial no.153/92 / 2/93.

(2.) Prosecution case in brief is that the parties clashed between themselves on the point of drainage in which the deceased lost his life after twenty days. Initially the case was instituted under section 307 of I.P.C. but after death of the deceased twenty days later case was converted into section 302 of I.P.C. and the appellants were put on trial for the said offence.

(3.) After close of the evidence the appellants were acquitted of charge under section 302 of I.P.C. when there was complete paucity of ingredients of section 307 of I.P.C. the appellants were convicted as mentioned above.